Case Summary
Case involving a rental dispute where the petitioner seeks eviction of the respondent for non-payment of rent and subletting the property to a third party. The petitioner needs the property for his son to start a hardware and paints business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of respondent and recovery of arrears
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
Petitioner proved the need for eviction and arrears of rent convincingly.
Petitioner proved the need for eviction and arrears of rent convincingly.
Judgment Evidence:
The respondent is directed to give vacant possession of the petition schedule building to the petitioner within three months from today. The order under Section 11 (2) (b) shall be vacated on deposit of arrears of rent within one month from the date of this order. The petitioner is entitled to realize the costs of the petition from the respondent.
Parties Involved
Plaintiffs
Kayakutty Haji (65 Years years)
Thottiparamba House, Kanhipura, Athavanad amsom, desom, PO. Karipole, 676 552, Tirur Taluk
Defendants
Shamsudheen Cholakkal (55 Years years)
Cholakkal House, Kanhirakutty, Paravaanna amsom, desom, PO. Paravanna, Tirur Taluk, 676 502
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner granted order of eviction under Kerala Building (Lease and Rent Control) Act, 1965.
Evidence:
Respondent directed to vacate building within three months.
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioner entitled to realize costs of the petition from respondent.
Evidence:
Cost of the proceedings to be recovered from respondent.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice demanding arrears of rent
Reference:
Ext.A1 (a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt of postal communication
Reference:
Ext.A1 (b)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of postal communication
Reference:
Ext.A1 (c)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report submitted by Commissioner
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Sketch plan submitted as evidence
Reference:
Ext.C2